Civil Liberties, Civil Rights, Human Rights, Supreme Court
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How Affirmative Action Programs In Colleges and Universities Were Overturned
On June 28, the Supreme Court made front page headlines for gutting race-based affirmative action in colleges and universities. The decision rejected race-conscious admissions at Harvard College and the University of North Carolina. The Court’s conservative supermajority ruled in favor of Students for Fair Admissions, a nonprofit founded in 2014, that sued Harvard and the University of North Carolina over their admissions programs. The group, headed by right-wing activist Edward Blum, alleged that the programs violated Title VI of the Civil Rights Act of 1964 by discriminating against Asian American applicants in favor of white applicants.
Paving the way for overturning 40-years of legal precedent was one group that we’ve covered for years on Law and Disorder: The Federalist Society for Law and Public Policy Studies. This conservative, libertarian organization advocates for a textualist and originalist interpretation of the U.S. Constitution. Over several decades, until recently working under the radar, the Federalist Society has dramatically altered the legal landscape in this country.
Guest – civil rights attorney Michael Avery, co-author with Danielle McLaughlin of the 2013 book, The Federalist Society: How Conservatives Took the Law Back from Liberals, and a recent article in Truthout co-authored with Prof. Mark Brodin on the Federalist Society’s attacks on affirmative action. Professor Emeritus at Suffolk University Law School, Michael was president of the National Lawyers Guild and served as president of the board of the National Police Accountability Project.
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Here’s What “Moore v. Harper” Means for Voting Rights Going Forward
On June 27, the U.S. Supreme Court decided a case that protected voting rights from an obscure theory that could have eliminated the right of state courts to review new voting provisions enacted by state legislatures.
In Moore v. Harper, a 6-member majority of the high court rejected the “independent state legislature” doctrine. Conservative legislators in North Carolina had sought to maintain an extreme gerrymandered congressional map they had drawn that favored Republicans.
Although Chief Justice John Roberts has a track record of decisions that weakened the right to vote, he wrote the Court’s opinion in Moore, as well as in Allen v. Milligan on June 8, both of which strengthen voting rights.
Guest – Marjorie Cohn wrote the article titled, Here’s What “Moore v. Harper” Means for Voting Rights Going Forward, that was published by Truthout. Marjorie is professor emerita at Thomas Jefferson School of Law, former president of the National Lawyers Guild, and a member of the Bureau of the International Association of Democratic Lawyers. She is also on the advisory boards of Veterans for Peace, Assange Defense, and the American Association of Jurists. She writes frequent articles and provides commentary about legal and political issues. Marjorie’s most recent book is Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues.
Hosted by attorneys Heidi Boghosian and Marjorie Cohn
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Civil Liberties, Civil Rights, Human Rights, Iraq War, NSA Spying, Political Prisoner, U.S. Militarism, War Resister
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Indictments Unsealed Against Julian Assange
Press freedom is under constant attack both in the US and across the world. One of the highest profile battles on this front has been the one waged against award-winning Australian journalist, publisher, and founder of the nonprofit media organization, Wikileaks: Julian Assange.
In 2010, in partnership with five newspapers, Wikileaks published a series of documents and other media provided by US Army intelligence analyst Chelsea Manning, including classified documents evidencing war crimes committed by US forces during its war in Iraq. The US has since unsealed indictments against Assange, charging him with a number of crimes that we’ll be discussing today.
Contact: Vinnie De Stefano
National Organizing Director
Assange Defense
580 N. Sierra Madre Blvd.
Pasadena, CA. 91107
Currently, Assange is languishing in a maximum-security prison in London, struggling to maintain his physical health, his sanity, and his connections with loved ones. And in the meantime, an international movement of human rights and press freedom advocates are desperately fighting for his freedom, and against his potential extradition to the United States.
Guest – Stephen Rohde is a constitutional law scholar, author and past Chair of the ACLU of Southern California. He’s also founder and Chair of Interfaith Communities United for Justice and Peace and a regular contributor to the Los Angeles Review of Books, TruthDig and LA Progressive.
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Weaponizing Antisemitism: How the Israel Lobby Brought Down Jeremy Corbyn
Asa Winstanley has written an important book titled Weaponizing Antisemitism: How the Israel Lobby Brought Down Jeremy Corbyn. His book has a lessons for those working for social justice in the United States.
Corbyn and the socialists in the Labor party in England were crushed by the mounting of a massive campaign cynically labeling Corbyn as an antisemite. It was a preposterous charge that stuck. The neo- liberal Labor party changed after the influx of several hundred thousand young people and elected long time socialist activist, Jeremy Corbyn as its leader in 2015.
Despite the huge campaign against him, led by the Israeli lobby, Corbyn was almost elected as the Prime Minister in 2017. Had he won, the history, not only of England, but of the world would’ve been different. Over the years Corbyn became popular especially among hundreds of thousands of young people who had recently joined the labor party.
He got his start in the trade union movement. He spoke out against racism and fascism and for immigrant rights. He opposed privatization cuts, and austerity. He campaigned against wars and military occupations. Asa Winstanley writes that “probably more than anything else, Corbyn was known among activists for his involvement in the Palestine, solidarity movement.“
The possibility of Corbyn being elected terrified the right and its allies. The Israeli lobby’s campaign against Corbyn got help from British intelligence, the entire British media, the right wing of the Labor party and even the CIA.
The most powerful, well-healed part of the American pro-Israeli Lobby is AIPAC, The American Israeli Public Affairs Committee. “Justice Democrats” wrote that it is a sinister right wing group. They supported Donald Trump, endorsed 106 insurrection Republicans, and spent millions to defeat progressives targeting and trying to intimidate black and brown women candidates across the country, threatening to spend against them if they even slightly criticize Israel’s far right apartheid policies.“ They conflate criticism of the Israeli apartheid state of with antisemitism.
How Jeremy Corbin Was Ousted By The Israeli Lobby – Michael Smith
Guest – Asa Winstanley is an investigative journalist and author who writes primarily about Palestine and the Israeli lobby. He lives in London. He is an associate editor with “The Electronic Intifada”, the worlds’ leading Palestinian news site in the English language. Asa Winstanley is cohost of The Electronic Intifada.
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Civil Liberties, Civil Rights, Human Rights, U.S. Militarism, Violations of U.S. and International Law, War Resister
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Peace Plan? Biden Administration Continues Full Support Of Escalation In Ukraine War
Sixteen months ago, Russia launched an illegal invasion of Ukraine, albeit in the context of a history of threats to its security by NATO countries. It is estimated that as of February, Russia has suffered 189,500 to 223,000 casualties and Ukraine has suffered 124,500 to 131,000 casualties.
Meanwhile, the United States and its allies continue to provide Ukraine with all the weapons it requests and impose increasingly harsh sanctions on Russia. But there appears to be little appetite in the U.S. for a ceasefire and negotiations to end the bloodshed.
Guest – Phyllis Bennis is a fellow of the Institute for Policy Studies, where she is the director of the New Internationalism Project and works on anti-war, US foreign policy and Palestinian rights issues. She has worked as an informal adviser to several key UN officials on Palestinian issues. Her books including Calling the Shots: How Washington Dominates Today’s UN, and Understanding the Palestinian-Israeli Conflict.
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Peace In Ukraine: Peace Groups Convene In Vienna Austria To End Ukraine War
For the first time since the Russian invasion of Ukraine, peace groups from around the world convened — on June 10 and 11 in Vienna, Austria. Their mission was to discuss creative solutions and to promote negotiations to the Russia-Ukraine war. Groups included the International Peace Bureau, CODEPINK, Europe for Peace, International Fellowship of Reconciliation, Peace in Ukraine Coalition, Campaign for Peace Disarmament and Common Security, and several Austrian peace groups. Conference attendees grappled with controversial issues related to Russia’s aggressive invasion of Ukraine.
Representatives discussed the devastating consequences of this war on their countries. The conference concluded with an urgent global appeal, the “Vienna Declaration for Peace,” calling on all sides to work toward a ceasefire and negotiations. Retired U.S. Army Colonel Ann Wright noted, “For those of us in the U.S., it is important to remind our elected leaders that we want peace in our world, not war, and for them to get moving on peace talks.” The former U.S. diplomat added, “The U.S. is a belligerent in this war, just like Russia and Ukraine, and our taxes are funding the deaths of Ukrainians and Russians.”
Guest – Medea Benjamin, co-founder of the international antiwar organization CODEPINK. She is the author of several books, including, with Nicholas J.S. Davies, War in Ukraine: Making Sense of a Senseless Conflict. She has been an advocate for social justice for more than 40 years. Described as “one of America’s most committed — and most effective — fighters for human rights” by New York Newsday, and “one of the high profile leaders of the peace movement” by the Los Angeles Times, she was one of 1,000 exemplary women from 140 countries nominated to receive the Nobel Peace Prize on behalf of the millions of women who do the essential work of peace worldwide.
Hosted by Attorneys Heidi Boghosian and Marjorie Cohn
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Civil Liberties, Civil Rights, Criminalizing Dissent, Human Rights, Prison Industry
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Remembering South Dakota Senator Jim Abourezk
South Dakota senator Jim Abourezk was an important figure in American politics. He died four months ago at age 92. Abourzeck was the son of immigrants from Lebanon. He grew up on the Rosebud Sioux Indian reservation. Politically he was part of the radicalization of the 60s. He served one term in the US House of Representatives and another in the United States Senate. Elected in 1973, Abourezk fought for policies that are crucially relevant today. He was against American imperial power and opposed the war in Vietnam. He tried to rein in the murderous CIA. He attempted to break up the powerful of big oil companies. He fought for Native American rights, normalization of American relations with Cuba, a government the USA has been trying to overthrow since the Cuban revolution of 1959.
After six years, despite extreme pressure from those who supported him, he left the Senate. disgusted by the power wielded by the monied influence of big business. Jim Abourezk went back to South Dakota and back to the his law practice. Jim Abourezk founded the Arab-American anti-discrimination committee because of the oppression Arabs faced both of United States and abroad, particularly in Palestine.
Guest – Charlie Abourezk, from Rapid City, South Dakota and is a trial attorney, longtime activist and community organizer in the native American community in South Dakota. He is also a documentary film maker, his most recent is the feature length documentary “A Tattoo On My Heart: The Warriors of Wounded Knee 1973” which played on public television stations around the United States. He is the current Chief Justice of the Rosebud Sioux Tribe’s Supreme Court and a member of the South Dakota Advisory Committee to the US Commission on Civil Rights. His client base is made up largely of Native Americans, tribal schools and Indian tribal governments, but he also represents plaintiffs in civil rights litigation.
Guest – Alya James – Architectural Designer living in New York City.
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Former San Francisco DA Chesa Boudin Teaching At Berkeley Criminal Law and Justice Center
We turn to the subject of the criminal justice system – or, as a growing number of advocates refer to it, the criminal legal system. One reason for the name change is because it’s clear that our system of policing, prosecuting, judging, and sentencing rarely brings about justice. After all, our system was born nearly 250 years ago, at a time when slavery was legal and only white men with property could participate in public life, including voting. Non-white people were thought of as less than human, and women were afforded little if any autonomy apart from the men in their lives.
Since then, we’ve tried to correct course with laws and constitutional amendments that aim to protect everyone equally from the abuse of government power. But real-world statistics show that still – in 2023 – the criminal legal system does not treat all defendants equally, and not all defendants are presumed innocent until proven guilty. Black men, for example, are arrested more, charged more, and given higher sentences than others in similar circumstances.
Guest – Chesa Boudin, founding executive director of Berkeley Law’s new Criminal Law & Justice Center is embarking on a new journey to study, brainstorm, experiment and transform for the better how the criminal legal system operates. He is uniquely suited for this new role, since he’s had experience not only in the public defender’s office representing criminal defendants, but also as the former District Attorney of San Francisco. And he’s unique in the legal profession for another reason: when he was just 14 months of age, he was separated from his parents, radical activists David Gilbert and Kathy Boudin. They were serving very long prison sentences for their part in an armored truck robbery which went astray and where three people killed. He saw firsthand the harmful impact of incarceration on those inside, as well as their families, communities, and society as a whole. These experiences informed his studies as a Rhodes scholar and as a student at Yale, his work as a lawyer, and most importantly, as a devoted husband, father and son. @berkeleylawcljc
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Civil Liberties, Civil Rights, Supreme Court
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The SuperMajority : How the Supreme Court Divided America,
In late June 2022, a package of Supreme Court decisions drastically altered the nation’s legal landscape and divided the nation. It took just three days to roll back some of the most consequential gains for civil rights, voting, the separation of church and state, a woman’s right to choose, and more.
In his new book The SuperMajority : How the Supreme Court Divided America, Michael Waldman offers an in-depth analysis of the 2022 key rulings and the radical ways in which they were crafted. He provides historical context for how the Supreme Court has amassed power far beyond what the Framers intended, and how the current supermajority ascended to the high court. Waldman also points to previous Courts (on both the right and the left) that overreached and describes their consequences for the country. Significantly, he writes that the seizure of so much power by a few members of the Court, and their energetic wielding of it, poses a crisis for U.S. democracy.
A backlash against the Court is underway. Rather than seeking a supermajority of their own, Waldman writes that, “Liberals must fall out of love with the Supreme Court.” He recommends reform measures to curb the Court’s power while applying other pressure points – such as in the court of public opinion.
Guest – Michael Waldman is the president and CEO of the Brennan Center for Justice at NYU Law School, a nonpartisan law and policy institute. An expert on the Constitution and the courts, Waldman served on President Joe Biden’s commission on the Supreme Court. He is the author of The Fight to Vote and The Second Amendment: A Biography. Waldman was director of speechwriting during the Clinton administration. Sign up for newsletter – Briefing
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First Amendment Auditor: Big Nick South Florida Accountability
Most of the populace, some police officers and federal employees may not realize that its every photographers right to take photos and video of federal buildings on public property. The easing of restrictions began when the New York Civil Liberties Union had looked into several cases of people who were wrongly harassed, detained and arrested by federal agents while photographing or shooting video of federal buildings from public plazas and sidewalks.
In 2010, the NYCLU brought a suit against the US Department of Homeland Security in federal court to end this practice. In October of 2010, a judge actually signed a settlement where the US government agreed that no federal statures or regulations bar people from photographing the exterior of federal buildings.
The US government agreed to issue a directive to members of the Federal Protective Service on photographer’s rights. A decade later, the rights attained in this decision are recently being put to the test in what’s known as First Amendment audits.
Guest – Nick Freeman – First Amendment Auditor with millions in view counts joins us to talk about his work in Fort Lauderdale being part of a long emerging trend to educate local law enforcement about the right to photography and subsequent issues such as police accountability.
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Civil Liberties, Civil Rights, Political Prisoner, Prison Industry, Racist Police Violence
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The Alliance of Families for Justice
The Alliance of Families for Justice (“AFJ”) was founded seven years ago by attorney Soffiyah Elijah. Its headquarters is in Harlem, a community heavily impacted by mass incarceration. AFJ also has satellite offices in Albany and Ithaca.
AFJ seeks to heal families and individuals who suffer from their own imprisonment or that of a loved one. It seeks moreover to organize and empower them to challenge and change the system of mass incarceration. AFJ’s legal support unit provides free legal representation to incarcerated people and their families. AFJ holds weekly community organizing meetings and family empowerment circles, and monthly healing circles for formerly incarcerated people. Its organizing and advocacy unit spearheads various campaigns including one to #Shutdown Attica and another to end felony disenfranchisement. AFJ’s Youth Empowerment Project has serviced over 400 NYC young people ages 16-24 in its 3yr tenure. All of AFJ’s services are free.
In New York State and most places nationwide incarcerated people lose their voting rights. This is both un-democratic and, because most incarcerated people are Black or Latinix, it is a racist policy and a vestige of Jim Crow laws that permeated New York and most states. The loss of voting rights remains a significant obstacle to criminal justice reform.
Guest – Attorney Soffiyah Elijah, knows intimately what happens to families whose loved ones are put in prison. She has been able through AFJ to support, motivate and educate these families to become advocates for civil rights and justice reform. Attorney Elijah has headed legal clinics at the City University of New York School of Law and has served as the Deputy Director of the Criminal Justice Institute at Harvard University, under Professor Charles Ogletree. She was the first woman and first Black Executive Director of the 170yr old Correctional Association of New York where she helped expose and bring to justice several Attica prison guards for brutally beating a man almost to death.
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Dark Money And Conservative Courts
When Donald Trump became president in 2016, one of the most terrifying prospects was that he could signal a new era for the Supreme Court of the United States – where vacancies would be strategically filled to create one of the most conservative courts in nearly a century, which could roll back constitutional rights and liberties we’ve been taking for granted. Indeed, even though Donald Trump was not re-elected in 2020, the conservative 6-3 majority that exists, and the havoc they are wreaking, could last for decades. While I’m sure Donald Trump would like to take all the credit, the battle to buy Supreme Court influence and push votes to the right long precedes his tenure as president.
Guest – Andrew Perez, has devoted his life and career to exposing the money, influence and secret transactions made among the most powerful people in the world to control the United States laws, government and people. He is an investigative reporter and senior editor for The Lever, which was just awarded the 2023 Izzy Award for outstanding achievement in the independent media by Park Center for Independent Media at Ithaca College for its relentless work “exposing the corrupting influence of corporate power on government and both major parties.” In announcing the award, the Center for Independent Media highlighted Andrew’s work for exposing the largest known political donation in U.S. history — Chicago businessman Barre Seid’s $1.6 billion dark money transfer to conservative operative Leonard Leo who served as Donald Trump’s judicial advisor – and guess who Leonard Leo appears to ready to back now … Republican presidential candidate Ron DeSantis.
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